4.5-10 Hindering Prosecution in the
First Degree -- § 53a-165 and § 53a-165aa

Revised to December 1, 2007

Note: General Statutes § 53a-165
defines the offense of hindering prosecution. The degree of the offense depends
on the classification of the underlying crime. First degree, as defined in §
53a-165aa, has the same underlying crime requirement as second degree, with the
additional element of the intent to intimidate or coerce the civilian population
or a unit of government.

The defendant is charged [in count
___] with hindering prosecution in the first degree. The statute defining this
offense reads in pertinent part as follows:

a person is guilty of hindering
prosecution in the first degree when such person renders criminal assistance to
another person who has committed a class A or B felony or an unclassified felony
for which the maximum penalty is imprisonment for more than ten years and such
person committed such felony with intent to intimidate or coerce the civilian
population or a unit of government.

For you to find the defendant guilty
of this charge, the state must prove the following elements beyond a reasonable
doubt:

Element 1 - Criminal assistanceThe first element is that the
defendant rendered criminal assistance. A person "renders criminal assistance"1
when, with intent to prevent, hinder or delay the discovery or apprehension of,
or the lodging of a criminal charge against, a person whom (he/she) knows or
believes has committed a felony or is being sought by law enforcement officials
for the commission of a felony, or with intent to assist a person in profiting
or benefiting from the commission of a felony, (he/she) <insert as
appropriate:>

harbors or conceals
such person. To "harbor" means to provide a place of protection to.

warns such person
of impending discovery or apprehension.

provides such
person with money, transportation, weapon, disguise or other means of avoiding
discovery or apprehension.

prevents or
obstructs, by means of force, intimidation or deception, anyone from performing
an act which might aid in the discovery or apprehension of such person or in the
lodging of a criminal charge against (him/her).

suppresses, by an
act of concealment, alteration or destruction, any physical evidence which might
aid in the discovery or apprehension of such person or in the lodging of a
criminal charge against (him/her).

aids such person to
protect or expeditiously profit from an advantage derived from such crime.

Element 2- Third party felonyThe second element is that (he/she)
rendered criminal assistance to a person who committed a class A or class B
felony or an unclassified felony for which the maximum penalty is imprisonment
for more than ten years.

According to the law, <insert crime>
is a <insert classification of crime>. The elements of <insert crime>
are as follows: <See instruction on crime>.

Please bear in mind, however, that
although the person to whom the defendant rendered assistance must have actually
committed <insert crime>, (he/she) need not have been arrested,
prosecuted, or convicted of the offense.

Element
3 - Third party
intentThe third element is that such other
person committed the <insert crime> with the specific intent to coerce
the civilian population or a unit of government. A person acts "intentionally"
with respect to a result when (his/her) conscious objective is to cause such
result. <See
Intent: Specific, Instruction 2.3-1.>

"Coerce" means to compel or induce another to engage in conduct which such other
person has a legal right to abstain from engaging in, or to abstain from
engaging in conduct in which such other person has a legal right to engage, by
means of instilling in such other person a fear if the demand is not complied
with.

"Civilian population" has its ordinary
meaning, and you are to use that meaning. "Unit of government" means any unit
of any branch, subdivision or agency of the state, or any locality within it.

Conclusion

In summary, the state must prove
beyond a reasonable doubt that 1) the defendant rendered criminal assistance to
<insert name of third party>, 2) <insert name of third party>
committed <insert crime allegedly committed by third party> and 3) <insert
name of third party> intended to coerce the civilian population or a unit of
government.

If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of
hindering prosecution in the first degree, then you shall find the defendant
guilty. On the other hand, if you unanimously find that the state has failed to
prove beyond a reasonable doubt any of the elements, you shall then find the
defendant not guilty.
_______________________________________________________

It is error to instruct the jury as
a fact that the underlying crime was committed. The state must prove that the
person to whom assistance was rendered actually committed the crime, either
through a certificate of conviction or through independent evidence. State
v. Rodriguez, 7 Conn. App. 470, 472 (1986).